65. When police officers are required to carry firearms they are treated under the law in the same way as ordinary citizens. A decision to fire a gun rests with the individual officer concerned and he or she may be called upon to justify that decision before a court of law. This liability is emphasized during an officer's training and the authorization card carried by every authorized armed officer carries a reminder to that effect. An officer's defence in any legal proceedings must rest either on a plea of self-defence (which may include the defence of others) or justification of his action under the general provisions of section 3 of the Criminal Law Act 1967, which states:
"A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.'
Section 3 does not extend to Scotland, but the position in common law in Scotland is broadly similar.
66. All operations in which shots are fired by police officers are thoroughly investigated by a separate police force to determine whether the police. officers acted fully in accordance with the correct procedures and whether there are lessons to be drawn for future operations. There may also be a parallel investigation by the Police Complaints Authority. If these investigations reveal that criminal or disciplinary proceedings are appropriate, then such action follows.
67.
The following table shows the number of operations in which shots were fired by police officers in England and Wales in the years 1985-1988. Following investigation and reference to the Director of Public Prosecutions, criminal proceedings were taken against four police officers in respect of three of those operations. All four officers were acquitted.
Number of operations
Police use of firearms
1985
1986
1987
1988
7
1
7
2
Scotland
68. The position in Scotland is very similar. Guidelines have been issued by the Scottish Home and Health Department to police forces in Scotland. These cover the issue and return of firearms, training of officers, record-keeping, etc. As such they mirror very closely those issued by the Home Office to the police in England and Wales. In addition, the Lord Advocate has also issued guidance to the police in Scotland regarding the circumstances in which firearms can be used by the police in accordance with the law of Scotland. The guidelines set out the decisions which individual police officers must take and subsequently account for when carrying a loaded firearm. The guidelines state that:
"A police officer is not entitled to open fire against a person unless he has reasonable grounds for believing that that person is committing or is about to commit an action which is likely to endanger the life of the officer himself or any other person and that there is no other way to prevent the danger."
No comments yet.
Private notes are available after approval.